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18 Jul 2023, 7:37 am by Phil Dixon
Ct. 1793, 1807 (2022) (holding that Bivens does not apply to First Amendment retaliation claims). [read post]
18 Jul 2023, 7:16 am by Stewart Baker
And Maury evaluates Amazon's challenge to new EU content rules, a challenge that he thinks has more policy than legal appeal. [read post]
18 Jul 2023, 4:45 am by Eric B. Meyer
The Eleventh Circuit Court of Appeals underscored that the “First Amendment does not require a public employer to tolerate an embarrassing, vulgar, vituperative, ad hominem attack, simply because the employee recently has waved a political sign. [read post]
18 Jul 2023, 1:59 am by Matrix Law
When does the motive defence in section 741 ICTA 1988 apply to prevent a charge applying? [read post]
17 Jul 2023, 11:40 pm by Eleonora Rosati
Bad Spaniels (L), Jack Daniel's (R) ...Whereas the District Court had initially found in favour of Jack Daniel’s, rejecting VIP's nominative fair use and First Amendment defences, the Ninth Circuit, on appeal, reversed the District Court’s decision in favour of VIP Products, ruling that (as previously reported by the IPKat):Bad Spaniels was an “expressive work” protected by the First Amendment; andthat there was no dilution of Jack Daniel’s trademarks… [read post]
17 Jul 2023, 9:05 pm by Matthew Lee Wiener
Second, it may lead agencies to choose federal court enforcement to administrative enforcement when a statute gives that option, as does the SEC’s. [read post]
17 Jul 2023, 9:05 pm by ilyabeylin
  However, the other critical issue for the SEC to appeal is the opinion’s disregard for cases expanding on the first Howey prong. [read post]
17 Jul 2023, 6:13 pm by Jonathan H. Adler
A closer look at Harlan's Plessy dissent, and the wider arc of his career, does not support that contention. . . . [read post]
17 Jul 2023, 5:16 pm by Seyfarth Shaw LLP
This position is consistent with the California Court of Appeal’s prior ruling in Rocha v. [read post]
17 Jul 2023, 3:54 pm by Bryan West
Analysis DeSantis appealed both the amount of the holdback and the order to pay Pilosio. [read post]
17 Jul 2023, 2:05 pm by Second Circuit Civil Rights Blog
For instance, plaintiff said it would have been impossible for plaintiff to endure harassment from coworkers and supervisors if she also testified that she was working alone, but the Court of Appeals notes that working alone does not mean she did have occasion to interact with other NYCHA workers. [read post]